|
| |
| |
(3A) | This subsection applies to the sea within British fishery limits, other |
| |
than the Scottish zone and the Northern Ireland zone. |
| |
| “Northern Ireland zone” has the meaning given by the Northern |
| |
Ireland Act 1998 (see section 98 of that Act).” |
| |
(5) | For subsection (9) substitute— |
| 5 |
| |
“the appropriate national authority” means— |
| |
(a) | in relation to Wales (within the meaning of the |
| |
Government of Wales Act 2006), the Welsh Ministers; |
| |
(b) | in any other case, the Secretary of State; |
| 10 |
“foreign vessel” means any vessel other than a relevant British |
| |
vessel, a Scottish fishing boat or a Northern Ireland fishing boat; |
| |
“Northern Ireland fishing boat” means a fishing boat which is |
| |
registered in the United Kingdom under Part 2 of the Merchant |
| |
Shipping Act 1995 and whose entry in the register specifies a |
| 15 |
port in Northern Ireland as the port to which the boat is to be |
| |
| |
“relevant British vessel” means a vessel, other than a Scottish |
| |
fishing boat or a Northern Ireland fishing boat, which— |
| |
(a) | is registered in the United Kingdom under Part 2 of the |
| 20 |
Merchant Shipping Act 1995, or |
| |
(b) | is owned wholly by persons qualified to own British |
| |
ships for the purposes of that Part of that Act.” |
| |
190 | Regulation of nets and other fishing gear |
| |
(1) | Section 3 of the Sea Fish (Conservation) Act 1967 (c. 84) (regulation of nets and |
| 25 |
other fishing gear) is amended as follows. |
| |
(2) | After subsection (2) insert— |
| |
“(2A) | An order under this section may be made by the appropriate national |
| |
authority so as to extend to nets or other fishing gear used by any |
| |
person, otherwise than from a fishing boat, for fishing for or taking sea |
| 30 |
fish in the sea within the seaward limits of the territorial sea adjacent to |
| |
| |
(2B) | In subsection (2A) above “the appropriate national authority” means— |
| |
(a) | in relation to England, the Secretary of State; |
| |
(b) | in relation to Wales, the Welsh Ministers.” |
| 35 |
(3) | After subsection (5) insert— |
| |
“(5A) | A person who contravenes an order made under this section by virtue |
| |
of subsection (2A) above shall be guilty of an offence under this |
| |
| |
191 | Charging for commercial fishing licences |
| 40 |
(1) | In section 4 of the Sea Fish (Conservation) Act 1967 (licensing of fishing boats) |
| |
after subsection (4) (power to authorise charges for licences) insert— |
| |
“(4A) | The provision that may be made in an order by virtue of subsection (4) |
| |
| |
| |
| |
|
| |
| |
(a) | provision for the amount of any charge to be specified in, or |
| |
determined in accordance with provision made by, the order; |
| |
(b) | different provision in relation to different classes of licence; |
| |
(c) | provision for no charge to be payable in such circumstances as |
| |
may be specified in the order.” |
| 5 |
(2) | In section 22 of that Act (interpretation) after subsection (3) insert— |
| |
“(3A) | Any reference in this Act to a class is a reference to a class defined or |
| |
described by reference to any circumstances whatsoever (whether or |
| |
not relating to fishing or vessels).” |
| |
192 | Grant of licences subject to conditions imposed for environmental purposes |
| 10 |
In section 4 of the Sea Fish (Conservation) Act 1967 (c. 84) (licensing of fishing |
| |
boats) after subsection (6) (power to grant licences subject to conditions) |
| |
| |
“(6ZA) | The conditions subject to which a licence may be granted under this |
| |
section include conditions imposed for the purposes of— |
| 15 |
(a) | conserving or enhancing the natural beauty or amenity of |
| |
marine or coastal areas (including their geological or |
| |
physiographical features) or of any features of archaeological or |
| |
historic interest in such areas; or |
| |
(b) | conserving flora or fauna which are dependent on, or associated |
| 20 |
with, a marine or coastal environment.” |
| |
193 | Power to restrict fishing for sea fish |
| |
(1) | Section 5 of the Sea Fish (Conservation) Act 1967 (power to restrict fishing for |
| |
sea fish) is amended as follows. |
| |
(2) | For subsection (1) substitute— |
| 25 |
“(1) | Subject to the provisions of this section, the appropriate national |
| |
authority may make an order— |
| |
(a) | prohibiting, in any area specified in the order and either for a |
| |
period so specified or without limitation of time— |
| |
(i) | all fishing for sea fish; |
| 30 |
(ii) | fishing for any description of sea fish specified in the |
| |
| |
(iii) | fishing for sea fish, or for any description of sea fish |
| |
specified in the order, by any method so specified; |
| |
(b) | restricting, in any area specified in the order and either for a |
| 35 |
period so specified or without limitation of time, the amount of |
| |
sea fish, or sea fish of a description specified in the order, that |
| |
may, in any period so specified, be taken by— |
| |
| |
| 40 |
| A person who contravenes any prohibition or restriction imposed by an |
| |
order under this section shall be guilty of an offence under this |
| |
| |
(1A) | Where any fishing boat is used in contravention of any prohibition or |
| |
restriction imposed by an order under this section, the master, the |
| 45 |
| |
| |
|
| |
| |
owner and the charterer (if any) shall each be guilty of an offence under |
| |
| |
(1B) | An order under this section which prohibits in any area— |
| |
(a) | fishing for sea fish, or for any description of sea fish specified in |
| |
| 5 |
(b) | fishing for sea fish, or for any description of sea fish specified in |
| |
the order, by any method so specified, |
| |
| may provide that any fishing gear, or any fishing gear of a description |
| |
specified in the order, of any fishing boat in that area must be stowed |
| |
in accordance with provision made by the order. |
| 10 |
(1C) | An order under this section restricting the amount of sea fish of any |
| |
description that may be caught in a period specified in the order may |
| |
provide that, for the purposes of paragraph (b) of subsection (1) above, |
| |
any sea fish of that description that, after being caught in that period, is |
| |
returned to the sea as soon as that amount is exceeded is not to be |
| 15 |
treated as having been caught in contravention of the restriction |
| |
| |
(3) | For subsection (8) substitute— |
| |
“(8) | The only provision that may be made by an order under this section in |
| |
relation to an area outside British fishery limits, or an area within the |
| 20 |
Scottish zone or the Northern Ireland zone, is provision applying to— |
| |
(a) | a British fishing boat, other than a Scottish fishing boat or a |
| |
Northern Ireland fishing boat, that is registered in the United |
| |
| |
(b) | in so far as the order relates to fishing for salmon or migratory |
| 25 |
trout, a fishing boat which is British-owned but not registered |
| |
under the Merchant Shipping Act 1995. |
| |
| |
“the appropriate national authority” means— |
| |
(a) | in relation to Wales (within the meaning of the |
| 30 |
Government of Wales Act 2006), the Welsh Ministers; |
| |
(b) | in any other case, the Secretary of State; |
| |
“Northern Ireland fishing boat” means a fishing boat which is |
| |
registered in the United Kingdom under Part 2 of the Merchant |
| |
Shipping Act 1995 and whose entry in the register specifies a |
| 35 |
port in Northern Ireland as the port to which the boat is to be |
| |
| |
“Northern Ireland zone” has the meaning given by the Northern |
| |
Ireland Act 1998 (see section 98 of that Act).” |
| |
194 | Penalties for offences |
| 40 |
(1) | The Sea Fish (Conservation) Act 1967 (c. 84) is amended as follows. |
| |
(2) | In section 11 (penalties for offences), in subsection (1)(a)— |
| |
(a) | for “section 4(3) or (6)” substitute “section 1, 2, 3, 4(3), (6) or (9A)”; |
| |
(b) | for “5(1) or 6(5A)(a)” substitute “5(1) or (6) or 6(5) or (5A)”. |
| |
(3) | In section 15 (powers of British sea-fishery officers for enforcement of that |
| 45 |
| |
| |
| |
|
| |
| |
(a) | in subsection (2C) (penalties for certain offences) omit paragraph (b) |
| |
and the “or” preceding it; |
| |
(b) | after that subsection insert— |
| |
“(2D) | Any person who assaults an officer who is exercising any of the |
| |
powers conferred on him by subsection (2A) or (2B) above shall |
| 5 |
be guilty of an offence and liable on summary conviction to a |
| |
fine not exceeding £50,000. |
| |
(2E) | Any person who wilfully obstructs an officer in the exercise of |
| |
any of the powers conferred on him by subsection (2A) or (2B) |
| |
above shall be guilty of an offence and liable on summary |
| 10 |
conviction to a fine not exceeding £20,000.” |
| |
(4) | In section 16 (enforcement of orders under sections 1 and 2 of that Act), for |
| |
subsection (1A) (penalties for certain offences) substitute— |
| |
“(1A) | Any person who assaults an officer who is exercising any of the powers |
| |
conferred on him by subsection (1) above shall be guilty of an offence |
| 15 |
and liable on summary conviction to a fine not exceeding £50,000. |
| |
(1B) | Any person who wilfully obstructs an officer in the exercise of any of |
| |
the powers conferred on him by subsection (1) above shall be guilty of |
| |
an offence and liable on summary conviction to a fine not exceeding |
| |
| 20 |
195 | Offences by directors, partners, etc |
| |
In the Sea Fish (Conservation) Act 1967 (c. 84), for section 12 (offences |
| |
committed by bodies corporate) substitute— |
| |
“12 | Offences by directors, partners, etc |
| |
(1) | Where a relevant offence has been committed by a body corporate and |
| 25 |
it is proved that the offence— |
| |
(a) | has been committed with the consent or connivance of a person |
| |
falling within subsection (2), or |
| |
(b) | is attributable to any neglect on the part of such a person, |
| |
| that person (as well as the body corporate) is guilty of that offence and |
| 30 |
liable to be proceeded against and punished accordingly. |
| |
| |
(a) | a director, manager, secretary or similar officer of the body |
| |
| |
(b) | any person who was purporting to act in such a capacity. |
| 35 |
(3) | Where the affairs of a body corporate are managed by its members, |
| |
subsection (1) applies in relation to the acts and defaults of a member, |
| |
in connection with that management, as if the member were a director |
| |
| |
(4) | Where a relevant offence has been committed by a Scottish firm and it |
| 40 |
is proved that the offence— |
| |
(a) | has been committed with the consent or connivance of a partner |
| |
of the firm or a person purporting to act as such a partner, or |
| |
(b) | is attributable to any neglect on the part of such a person, |
| |
| |
| |
|
| |
| |
| that person (as well as the firm) is guilty of that offence and liable to be |
| |
proceeded against and punished accordingly. |
| |
(5) | In this section “relevant offence” means an offence under any provision |
| |
of sections 1 to 6 of this Act.” |
| |
196 | Minor and consequential amendments |
| 5 |
Schedule 15 contains minor and consequential amendments relating to this |
| |
| |
| |
The Sea Fisheries (Shellfish) Act 1967 |
| |
197 | Power to make orders as to fisheries for shellfish |
| 10 |
(1) | In section 1 of the Sea Fisheries (Shellfish) Act 1967 (c. 83) (power to make |
| |
orders as to fisheries for shellfish), in subsection (1), for the words from |
| |
“shellfish” to “Minister” substitute “shellfish of any kind specified in the |
| |
| |
(2) | In section 15 of the Sea Fisheries Act 1968 (c. 77) (which amended section 1 of |
| 15 |
the Sea Fisheries (Shellfish) Act 1967)— |
| |
| |
(b) | in subsection (3), for “that section” substitute “section 1 of that Act”. |
| |
198 | Purposes for which tolls etc may be applied |
| |
(1) | Section 3 of the Sea Fisheries (Shellfish) Act 1967 (effect of grant of right of |
| 20 |
regulating a fishery) is amended as follows. |
| |
(2) | In subsection (1)(c), for “improving and cultivating” substitute “regulating”. |
| |
| |
(a) | before “any such tolls” insert “, subject to subsection (2A) of this |
| |
| 25 |
(b) | for “in the improvement and cultivation of” substitute “for purposes |
| |
relating to the regulation of”. |
| |
(4) | After that subsection insert— |
| |
“(2A) | An order under section 1 of this Act which— |
| |
(a) | confers on the grantees a right of regulating a fishery, and |
| 30 |
(b) | imposes tolls or royalties upon persons dredging, fishing for |
| |
and taking shellfish within the limits of the fishery, or of that |
| |
part of the fishery within which the right is exercisable, |
| |
| may provide that the grantees may, for the purposes of recouping any |
| |
costs incurred by the grantees in connection with applying for the |
| 35 |
order, retain such portion of those tolls and royalties as may be |
| |
| |
(5) | In subsection (4), for “for the improvement and cultivation of” substitute “for |
| |
purposes relating to the regulation of”. |
| |
| |
| |
|
